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Dorset HQ

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Posts posted by Dorset HQ

  1. 12 hours ago, jenkinov said:

    Hi .my property is subject to a covenant precluding commercial vehicles .when i purchased my jeep circa 18 years ago I was immediately asked if my vehicle was a commercial vehicle .. As a member of the military vehicle trust i immediately responded that it was a historic military vehicle ... That closed the topic .

    i would suggest if not a member you join the mvt and seek their support .

    regards

    Jenkinov

    Thank you I think I will join them🙂

  2. 1 hour ago, Noel7 said:

    I'm no expert, but I don't think that a party wall agreement is actually altogether relevant. The argument  is about access. When your seller [I presume it is the same person as is selling to you?] sold land to the builder, that sale agreement should have included a full specification of what rights of access the owner of the remaining land had over the land then sold. These rights would then be binding on all subsequent owners of both areas of land. The important question is did that sale agreement provide for access by motor vehicles, and, if so, what sort? If, just for example, it restricted access to private cars, it won't matter whether your lorry is a commercial vehicle or not, you would not have the right of access with it. [Don't expect the builder to know the details, as he is not likely to be a legal expert!] Your solicitors should be able to explain before you buy the property what your rights of access actually would be if you do buy; if they can't, keep asking until they do. As utt61 implied, the discussion won't go anywhere until you know what the legal situation is.

    I'm really glad I asked as there is obviously some very knowledgeable folk on here😀 I'm sure it just says domestic vehicles?

  3. 31 minutes ago, utt61 said:

    It wouldn't be a commercial vehicle per se, only if you were using it for commerce. It would probably be considered to be a Private Heavy Goods Vehicle in the eyes of the law..

    The outcome and the legal situation would depend entirely on the wording of whatever agreement he is trying to enforce, I would think.

    Thank you☺the log book clearly says Historical vehicle so I guess I'll have to let the solicitors fight it out?

  4. Hello

    Bit if a strange one this so bear with me! We are in the process of buying a new home in Somerset and part of the land out the back of our potential new property has been sold and a house is being built, we knew this already.

    The problem is the owner/builder is trying to get an  injunction to stop us crossing his land to get to the back of our property, the original sales agreement clearly said we have right to access.

    he's saying the vehicle is a commercial vehicle and is breaking the terms of the agreement?

    My truck is a 1941 Austin K2 GS lorry, 80yrs old in 2021, does 15mpg and around 45mph flat out, how on earth can it be a commercial vehicle!!

    just wondering if anyone has experienced anything like this with their military machines or have any advice?

    Solicitors are involved but sadly they don't really know much about classic vehicles

    Thanks for any advice in advance

    Regards Colin

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